Custody - Child custody - Matrimonial dispute - Wife
obtained ex parte divorce from U.K. court whereas husband obtained
from Indian court - Husband shifted to India along with the
daughter - Habeas Corpus petition by wife seeking.directions that
the husband to handover the custody of the daughter to her - Petition
allowed by the High Court - Appeal before this Court - Stay of the
High Court judgment - Held: Paramount consideration is the
welfare of the child - Daughter. is a mature girl of 15 years of age
who can decide what is best for her - In spite of giving ample
chances to the mother by giving temporary custody of the daughter
to her, mother was not able to win over the confidence of the
daughter - Daughter unequivocally expressed her desire to be with
her father and stated that she did not want to go to U.K. - Court
cannot take the risk of sending her to U.K. against her wishes,
which may prove to be a turbulent and tormenting experience for
her and would not be in her interest - Thus, the welfare of the
daughter lies in the continued company of her father which appears
to be in her best interest - Thus, the judgment of the High Court is
set aside.